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HomeMy WebLinkAboutORD1316ORDINANCE NO. 1316 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF. THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME I,CHAPTER 10,OFFENSES,BY ADDING NEW SECTION 10-1-30 LEAF BLOWER USE;ADDING NEW SECTION 10-1-31 OFF -HIGHWAY VEHICLES ON UNPAVED SURFACES;AND ADDING NEW SECTION 10-1-32 DUST CONTROL FOR HAUL TRUCKS;ANT) BY AMENDING APACHE JUNCTION.CITY CODE,VOLUME I,CHAPTER 9,HEALTH AND SANITATION, ADDING TO SECTION 9-173(B)VEHICLES,.NEW SUBSECTIONS (6),(7),AND (8) .RELATING TO DUST CONTROL FOR PARKING,MANEUVERING AND INGRESS/EGRESS AREAS; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES;AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the federal Clean Air Act ("CAA") was established in 1970 to address the nation's problems with air pollutants; and WHEREAS,through the CAA,the Environmental Protection Agency .("EPA")set pollutant standards for the air nationwide; and WHEREAS, there are six criteria pollutants in the National' Ambient Air Quality Standards,one of which is particulate matter I"PM-10"); and WHEREAS, on June 6, 2007, the EPA formally found that the Phoenix Planning Area PM -10 nonattainment area had failed to reach attainment of the federal PM -10 health standards; and WHEREAS,in 2007,Arizona Governor Janet Napolitano submitted to EPA 55 measures to reduce PM -10 emissions as part of the State Implementation Plan; and WHEREAS,pursuant to the City of Apache Junction's participation in the Maricopa Association of Government's ("MAG")PM -10 air quality planning efforts,the City agreed to regulate PM -10 emissions from haul trucks; and WHEREAS,in 2007 the 48th Arizona Legislature enacted Laws 2007,Chapter 292,commonly known as Senate Bill 1552,which imposed certain air quality regulatory mandates on cities, towns ORDINANCE NO. 1316 PAGE 1 OF 9 and counties; and WHEREAS, some of these statutory measures include a mandate to cities and towns to pass and enforce ordinances involving: 1) leaf blower use;2)off -highway vehicles on unpaved surfaces; and 3)dust -proofing or dust stabilization of parking, maneuvering and ingress and egress areas. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL 1. Apache Junction City Code, Volume I, Chapter 10,Offenses is amended by adding new Section 10-1-30 Leaf Blower Use, to read as follows: Section 10-1-30 Leaf Blower Use a. It is unlawful for any person to operate a leaf blower in such a manner that blows landscape debris, dirt or other debris into a public roadway. b. No person may operate a leaf blower except on surfaces that have been stabilized with asphaltic concrete, cement concrete, hardscape, penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate, decomposed granite cover, crushed granite or rock cover, aggregate cover, gravel cover, or grass or other continuous vegetative cover or any combination of these stabilizers, except as provided in a permit issued by Pinal or Maricopa County or the Arizona Department of Environmental Quality Control. c. Violations of this section shall be punishable by a civil penalty of not less than One Hundred and Fifty Dollars ($150.00). 2. Apache Junction City Code, Volume I, Chapter 10,Offenses, is amended by adding new Section 10-1-31 Off -Highway Vehicles on Unpaved Surfaces,to read as follows: ORDINANCE NO. 1316 PAGE 2 OF 9 Section 10-1-31:Off -Highway Vehicles on Unpaved Surfaces a. It is unlawful for any person to operate a motor vehicle, motorcycle, motor scooter, mini -bike, trail bike, dune buggy, jeep,all terrain vehicle, Rhino or other form of transportation propelled by an internal combustion engine upon the vacant unimproved private property of another unless the property has been improved or treated in such a manner as to prevent the release of fugitive dust.It shall be presumed that all vacant unimproved land owned .by any political subdivision of the State of Arizona or any agency of the United States is closed for operation of any motor vehicle, motorcycle, motor scooter, mini- bike, trail bike, dune buggy, jeep, all terrain vehicle, Rhino or other form of transportation propelled by an internal combustion engine, except those of the holder of the title to the property, any political subdivision of the State of Arizona, public service corporations regulated by the Arizona Corporation Commission, and the state or the agency of the United States or of a law enforcement agency of this state or an emergency vehicle, unless designated for such purpose on the official maps issued by the State of Arizona or an agency of the United States and posted as open to the public for this purpose. It shall be the burden of the Defendant/Respondent in any violation of this section to rebut the presumption. b. A person shall have a written license issued by the owner of the property or the person entitled to immediate possession thereof or their authorized agent. c. A person who operates a vehicle in the manner for which a license is required shall Immediately display such license to any law enforcement officer upon request. d. Each license shall: 1) Specify the period of time for which permission is granted. 2) Set forth the name of the licensee. 3) Be signed by the licensor. 4)State the licensor's interest in the property. ORDINANCE NO. 1316 PAGE 3 OF 9 5) If the licensor is not the owner of the property, state the owner's name_ e. The City may expend such funds as appropriate to post . signage adjacent to such private and public property indicating this ordinance and the criminal trespassing statutes contained in Title 13, Arizona Revised Statutes, and the minimum fines. 3. Apache Junction City Code, Volume I, Chapter 10,Offenses is amended by adding Section 10-1-32 Dust Control for Haul Trucks,to read as follows: Section 10-1-32 Dust Control for Haul Trucks a. It is unlawful to drive a haul truck without a tarp or other suitable cover or Closure when traveling on a paved public street hauling bulk material. b. It .is unlawful to drive a haul truck on a public street without first cleaning or covering the interior of the cargo compartment after emptying its contents. c. Violation of this section shall be punishable as a Class 3 misdemeanor with a minimum fine of One Hundred Dollars ($100.00). d. For purposes of this section a "haul truck" is any fully or partially open -bodied, self-propelled vehicle including any non -motorized attachments, such as, but not limited to, trailers or other conveyances that are connected to or propelled by the actual motorized portion of the vehicle used for transporting materials. e. For purposes of this section "bulk material" is any material including but not limited to earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate less than two (2) inches in length or diameter, dirt, mud, construction or demolition debris, trash, cinders, pumice, saw dust, dry concrete, feeds or fertilizers which are capable of producing fugitive dust. f. For purposes of this section "fugitive dust" is the particulate matter not collected by a capture system, which is entrained in the ambient air, and is caused from ORDINANCE NO. 1316 PAGE 4 OF 9 human and/or natural activities, such as, but not limited to, movement of soil, vehicles, equipment, blasting and wind.For the purpose of this Section, fugitive dust does not include particulate matter emitted directly from the exhaust of motor vehicles and other internal combustion engines, from portable brazing, soldering, or welding equipment and from piledrivers. 4. Apache Junction City Code, Volume I, Chapter 9,Health and Sanitation,Section 9-1-3(B)Vehicles,is amended by adding new subsections (6),(7), and (8), which shall provide as follows: 6)For all developments other than residential buildings with four or fewer units, affected surfaces subject to the dustproofing requirement include any areas utilized for parking, maneuvering or ingress and egress of on- or off -road vehicles.Access lanes and . working surfaces for vehicles shall qualify as affected surfaces.No later than October 1, 2008, all parking, maneuvering, ingress and egress areas. at developments other than residential buildings with four or fewer units must be maintained with one or more of the following permanent dustproof paving methods: (a) Paving with asphaltic concrete; (b) Paving with Portland cement based concrete; (c) Surfacing with a penetrating asphalt and a gravel surface known as chip sealing; (d) Surfacing with and uniformly maintaining a two-inch deep layer of rock having a nominal size of one- quarter (1/4) inch or larger; (e) Surfacing with a two-inch deep layer of recycled asphalt; (f) Surfacing with any other dustproof paving treatment method that has been approved by the Development Services Director or his or her designee; or (g) Demonstrating to the satisfaction of the Development Services Director or his or her designee on at least an annual basis, on a form as required by the Development Services Director and pursuant to a test method approved by the Development Services Director, that the average ORDINANCE NO. 1316 PAGE 5 OF 9 threshold friction velocity of the native soil surface, corrected:for non -erodible elements, is at least lpo centimeters per second.For purposes of administering this subparagraph, the Development Services Director maydesignate the Air Quality Control Department of Final County as an entity authorized to approve such applications. For non-dustproofed surface areas that are utilized intermittently at developments other than residential buildings with four or fewer units, for a period of thirty (30) calendar days or less during the calendar year, for surfaces that are used for parking, maneuvering, ingress and egress on an intermittent, short-term basis, the owner and/or operator may, as an alternative, effect dustproofing by effecting one or more of the following pursuant to a plan approved in writing by the Development Services Director: i.Installation of a temporary or permanent dustproof surface; ii. Application of a dust suppressant; or iii. Routine watering of traveled surface as a dust suppressant and for the creation of an encrusted dustproof native surface after the activity ends. Undisturbed surfaces at developments other than residential buildings with four or fewer units shall be exempt from the dustproofing requirements of this ordinance, but only if those undisturbed surfaces are fenced or otherwise clearly delineated from affected surfaces by means of a fence or other physical barrier.Delineated long-term storage stalls, where 'a vehicle, trailer or other item is stored and not normally removed and replaced more than once in a sixty-day period shall also be considered undisturbed surfaces. Any dust -proofing shall be maintained in a manner that prevents visible track -out. 7)For any residential property with four or fewer units, affected surfaces subject to the stabilization ORDINANCE NO. 1316 PAGE 6 OF 9 requirement include any areas in a front yard utilized for parking, maneuvering or ingress of on- and off- road vehicles.No later than October 1, 2009, all parking, maneuvering, ingress and egress areas that are 3,000 square feet or more in size at residential buildings with four or fewer units must be stabilized with one or more of the following methods: (a) Paving with asphaltic concrete; (b) Paving with Portland cement based concrete; (c) Surfacing with a penetrating asphalt and a gravel surface commonly known as chip sealing; (d) Surfacing with and uniformly maintaining a two-inch deep layer of rock having a nominal size of one- quarter (1/4) inch or larger; (e) Surfacing with a two-inch deep layer of recycled asphalt; or (f) Surfacing with any other surface treatment that has _approved by the Development Services Director or his or her designee':. Any stabilization shall be maintained in a manner that prevents visible track -out over ten feet in length. For non -stabilized surface areas that are utilized intermittently at a residential property with four or fewer units, for a period of thirty (30) calendar' days or less during the calendar year, for surfaces that are used for parking, maneuvering, ingress and egress on an intermittent, short-term basis, the owner and/or operator may, as an alternative,effect stabilization by effecting one or more of the following pursuant to a plan approved in writing by the Development Services Director: i. Installation of a temporary Or permanent surface stabilization; ii. Application of a dust suppressant; or iii. Routine watering of traveled surface as a dust suppressant and for the creation of an encrusted dustproof native surface after the activity ends. Undisturbed surfaces at a res idential property with four or fewer units shall be exempt from the ORDINANCE NO. 1316 PAGE 7 OF 9 stabilization requirements of this ordinance, but only if those undisturbed surfaces are fenced or otherwise clearly delineated from affected surfaces by means of a fence or other physical barrier.Even if not physically delineated, long-term storage stalls where a vehicle, trailer or other item is stored and not normally removed and replaced more than once in a thirty (30) calendar day period shall also be considered Undisturbed surfaces.Access lanes to such long-term storage stalls shall similarly qualify as undisturbed, surfaces.. 8)Vehicle parking shall not be allowed on unpaved or unstabilized vacant lots.A "vacant lot" means any undeveloped lot.. For purposes of this limitation, adjoining commonly owned parcels shall be deemed a single lot. SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III . PROVIDING FOR SEVERABILITY If any section, subsection, of this ordinance or any adopted herein by reference or unconstitutional by the jurisdiction, such decision remaining portions thereof. sentence, phrase, clause or portion part of the codes ,or regulations is for any reason held to be invalid decision of any court of competent shall not affect the validity of the SECTION IV PROVIDING FOR PENALTIES After the City exhausts all of its civil violation procedures as referenced in the adopted regulations,any violation of any provisions adopted herein,shall be punishable as a Class 3 Misdemeanor as delineated under A.R.S. §§ 13-701 et seq.and 13- 801 et seq. SECTION V ESTABLISHING AN EFFECTIVE DATE The provisions of this ordinance and public record adopted herein shall take effect on March 31, 2008. ORDINANCE NO. 1316 PAGE 8 OF 9 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 19TH DAY OF FEBRUARY 2008. SIGNED AND ATTESTED TO THIS 19TH DAY OF FEBRUARY 2008. ATTEST: HN S. INSALACO eyor KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1316 PAGE 9 OF 9